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Print 63 comment(s) - last by nocturne_81.. on Sep 21 at 7:28 PM


  (Source: New Line Cinema)
Why not just ask Samsung to give up all its money?

Samsung Electronics Comp., Ltd. (KSC:005930) is still reeling from a massive $1.05B USD jury verdict loss to Apple, Inc. (AAPL) in Californian federal court.  Now Apple has added insult to injury, asking a judge to triple the damages.  If the judge accepts Samsung would now owe Apple over $3B USD.

I. Apple Looks to Triple Its Court Payday

The request comes due to federal rules regarding "willful" infringement.  In such cases, the plaintiff is allowed to request that a judge multiply the damages as a punishment to the infringer.  As the jury ruled that Samsung not only infringed, but also did so "willfully", Apple was eligible to make such a request.

A report in the Korea Times quotes an unnamed "senior legal executive" as saying, "By using that condition, Apple has decided to request the judge to order Samsung to pay more than $3 billion in the hearing on the San Jose verdict on Sept. 21 in California.  The decision means Apple want to quickly address the harm that Samsung’s infringing products are said to be causing. As has been the case throughout this trial, Apple is pressing its full advantage over the jurors’ decision."

Another legal source was quoted as saying that Apple is simply trying to levy more severe provisions against Samsung in an effort to kick it out of the market.  That source argues no amount of damages will satisfy Apple until it can kick its rival out.

Red card
Sources say Apple won't be satisfied until it kicks Samsung out of the market. [Image Source: AFP]

Comments the source, "Apple lawyers still believe Samsung should pull its popular Galaxy line of devices including smartphones and tablets from the United States and leave the market to proprietary handsets from Apple and Microsoft."

II. Kicking Out a Bigger Competitor

Currently, Samsung outsells Apple's smartphones 2-to-1 globally.  If Apple can indeed "kick Samsung out" of the global market (or at least the lucrative U.S. market), it could go on to dominate the smartphone market.

Samsung, however, is bracing itself for a tough fight to try to prevent that from happening.  It's countering Apple's request to Judge Lucy Koh, the presiding judge in the case, with a counter-request to toss parts of the jury verdict, reducing the damages.  If it cannot succeed, it will drag the case into the U.S. Federal Appeals Courts.

Samsung smartphones
Some say despite the pending bans, Samsung may be able to stay ahead of Apple.
[Image Source: Reuters]

Judge Koh this week upheld a ban on Samsung's Galaxy Tab 10.1 in the U.S.

The South Korean phone maker is also hedging its bets, increasing its Windows Phone 8 offerings.  Jumping ship from Google Inc.'s (GOOG) Android operating system to Microsoft Corp.'s (MSFT) Windows Phone 8 could offer an easy escape route for Samsung, as Apple presumably can't sue Windows Phone makers due to its cross-licensing pact with Microsoft.

Source: The Korea Times



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By Nortel on 9/19/2012 3:20:24 PM , Rating: 0
Thanks for replying in a poignant manner. I am going to protest Charmin toilet paper by wiping my ass with their product and flushing it down the toilet. Seriously, I think people are getting a little too 'in the moment' with this whole nonsense. This 'Apple hate' will pass once BP has another oil spill or some real issue arises. Sending back old products doesn't send a message. If you actually do want to send a message just spend your money elsewhere and go on with your life like a normal person.

The FC quote I was aiming for was more of "We're the middle children of history, man. No purpose or place. We have no Great War. No Great Depression. Our great war is a spiritual war. Our great depression is our lives." It's easy to pack a few old items up and return them, tweet some trending #earthquakeAwareness crap or change your facebook picture to a cartoon character and then pat yourself on the back for changing the world. Oreo, Chick-fil-a, whatever hate train to board next will come and go. These 'fad' mob mentality hate trains are nonsense. I have friends who swore they would never buy another Apple product when stories came out about Apple using slave labor camps (which was BS) and pre-ordered the iPhone 5. I know every protester wants to think they are the little warm center that the life of the world crowds around. (another FC quote). Keep reality in check, these lawsuits do not concern you and will not affect your lives in any way whatsoever.

Is technology important (to me)? Yes, but to see the dribble hammered out on plastic lettering is pure hate train 101. It's cell phones people, cell phones! We aren't talking about the apartheid here or the Warsaw act. Its a little rectangle that goes in your pocket.


By ebakke on 9/19/2012 4:23:42 PM , Rating: 2
The implication that I can't care about multiple issues simultaneously is fairly narrow minded of you. I'm also interested in, and also voice my opinion on, issues that you would likely deem "more important".

The fact that you cannot see how these lawsuits affect my life "in any way whatsoever" is saddening. Lawsuits such as these, do several things.
* First, they raise the price of consumer electronics. The lawyers don't work for free.
* Second, they stifle innovation. The risk of getting the bajesus sued out of you is a large enough risk to keep some people from developing what otherwise could've been the "next iPhone" or "next Facebook".
* Third, they discourage competition. Giant lawsuits between giant companies result in big cross-licensing agreements. Company A pays Company B $12.13 per phone, and Company B pays Company A $9.84 per tablet. That's fine for giant companies, but it squashes out the small players who can't afford to pay $XX per widget for something that never should've been patented in the first place.
* Lastly, if I were a Samsung shareholder (I might be, in some mutual fund or another) it would quite obviously affect me.

Those 4 items might not be important to you. It seems fairly apparent by your rant, that they are not. Fine. But to claim these lawsuits don't concern me or affect me in any way whatsoever, is asinine.


By Reclaimer77 on 9/19/2012 4:30:13 PM , Rating: 2
Just curious, but how much marijuana are you on currently? You sound like a REALLY stupid stoner trying to wax philosophical with half his brain working. So he uses movie quotes to back his incoherent ramblings.

Just...shut it.


By Old_Fogie_Late_Bloomer on 9/19/2012 6:04:15 PM , Rating: 2
quote:
The FC quote I was aiming for was more of "We're the middle children of history, man. No purpose or place. We have no Great War. No Great Depression. Our great war is a spiritual war. Our great depression is our lives."

Yeah I kind of figured that's where you were trying to go, but you definitely didn't make it. :-P
quote:
I have friends who swore they would never buy another Apple product when stories came out about Apple using slave labor camps (which was BS) and pre-ordered the iPhone 5.

That speaks to the quality of your friends' characters, not to the quality of my character, or anyone else's for that matter.
quote:
Keep reality in check, these lawsuits do not concern you and will not affect your lives in any way whatsoever.

I guess if you're looking at the world through the eyes of Tyler Durden, you're probably right, but...
quote:
Its a little rectangle that goes in your pocket.

And the precedent (or one of the precedents) being set here is that your rectangle can't do this thing that that other guy's rectangle can do, because no matter how obvious of a thing it is, no matter how laughably straightforward, the company who made that guy's rectangle put a patent on it.

I'm not gonna sit here and detail why you're wrong about this stuff not mattering, because you obviously don't care, which is fine, and because ebakke already touched on some of it. If you care about more innovation, more progress, more companies designing and selling devices, then the precedents that these lawsuits will set is important. Period.


"If you look at the last five years, if you look at what major innovations have occurred in computing technology, every single one of them came from AMD. Not a single innovation came from Intel." -- AMD CEO Hector Ruiz in 2007














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